United States Second Circuit

Convictions of conspiracy to commit mail fraud, wire fraud, and health care fraud, as well as substantive counts of these offenses, and one count of making false statements, for defendants' roles in a decades-long scheme to defraud the US Railroad Retirement Board into awarding fraudulent disability annuity payments to Long Island Railroad retirees, are affirmed where: 1) venue was proper in the Southern District of New York; 2) defendant Rutigliano was not prosecuted outside the statute of limitations period; 3) the limited exception in US v. Grimm relating to overt acts in furtherance of a conspiracy does not apply to this case; and 4) the jury instructions were proper.

Appellate Information

• Decided 06/22/2015
• Published 06/22/2015

Judges

• Jacobs

Court

• United States Second Circuit

Counsel